McNertney v. Kahler

LAVORATO, Chief Justice.

In this declaratory judgment proceeding, Donald McNertney, as executor of the. Estate of Harold J. McNertney, sued Thomas Kahler to have a deed declared invalid. Before he died, the decedent altered the deed by adding Kahler as a grantee and then recorded it. The executor moved for summary judgment, which the district court granted. We affirm.

I. Scope of Review.

A party' seeking a declaratory judgment is entitled to move for summary judgment. See Iowa R. Civ. P. 1.981(1). Under Iowa Rule of Civil Procedure 1.981(3), 'summary judgment is appropriate only when no genuine…